Terms & Conditions
View a printable pdf of our Terms & Conditions.
1. General Conditions
- This contract is between Phoenix Energy Assessment and the client. It applies to all energy inspections carried out. The Terms and Conditions governing this contract are as follows:
2. Background
- An Energy Performance Certificate (EPC) is the efficiency rating of a building which has formal and official recognition by the UK Government. It is carried out in accordance with a Government authorised inspection and rating methodology known as SBEM – Simplified Building Energy Model.
Please note that Places of worship, temporary buildings (less than two years use), low energy demand buildings and stand alone buildings less than 50m² are exempt and do not need an EPC.
3. Extent of Services
- The Energy Assessment Service comprises:
- An Energy Inspection of the property.
- A concise Energy Report of the property and the production of an Energy Performance Certificate (EPC) that is provided to the client and placed on the national register (statutory requirement).
- Phoenix Energy Assessment will, at a date and time agreed with the Client, visit the building, and carry out an inspection. During the inspection, data will be collected for input into SBEM, which will then produce an EPC for that building. Data required includes the approximate age, construction and location of the property and relevant services (including where appropriate, heating, hot water systems, air conditioning, insulation and glazing type). Access to these services will be required during the survey and any equipment and associated costs will be met by the client.
- Phoenix Energy Assessment confirms that its staff has the necessary qualifications, and accreditation to perform such inspections.
- The SBEM EPC inspection is visual and there will be practical limitations on the scope of the inspection. For example, to avoid damage, the energy assessor cannot break open the structure for examination. The Energy Assessor will use reasonable care in carrying out the service.
- An EPC is NOT a structural or building survey, market valuation or insurance policy and MUST NOT be relied upon as such.
- The Client confirms that Phoenix Energy Assessment has the right within the building being surveyed to take measurements; make diagrams; take photos; and make notes necessary for the Inspection. The Client agrees that such documents, photos, etc. are the sole property of Phoenix Energy Assessment, and the Client has no rights to them in any manner or form. Phoenix Energy Assessment is required by law to retain such documents. At the conclusion of a time period set by UK law, Phoenix Energy Assessment confirms that it will safely and securely dispose of /destroy all such documents, and will not communicate anything therein to any third party who does not have a legal right to them.
- Phoenix Energy Assessment confirms that it carries current and paid up Professional Indemnity Insurance as required by law, to protect the Client, or any other person who relies upon the EPC, against any malpractice, or incompetence.
- The Client confirms that a current policy of insurance is in operation to protect Phoenix Energy Assessment staff from accident or other danger or damage caused whilst the inspection is being carried out, and the staff are on the premises of the Client.
- It is the Client's responsibility to ensure that access to the building is available on the day and at the time agreed.
4. Booking
- Telephone, fax or e-mail enquiries are welcome but will only constitute an Agreed Booking when a completed letter of instruction has been received and acknowledged by Phoenix Energy Assessment (includes a booking form, signed terms and conditions and a completed pre–inspection questionnaire).
5. Payment
- The client agrees that the Fee for the inspection will be paid as required by Phoenix Energy Assessment, without any deduction, for any reason, and on demand by Phoenix Energy Assessment on completion of the survey. Due to the non payment by a minority of clients, Phoenix Energy Assessment reserves the right to only release the EPC documents when payment has been received. The Client acknowledges and confirms that payment is of the essence of this agreement, and that failure to pay, or any default in payment will render the EPC null and void.
- Phoenix Energy Assessment is not registered for tax.
- When prepared, and on satisfactory receipt of the Fee (or acceptable equivalent), Phoenix Energy Assessment will release the EPC to the Client, or the Agent, as required. Any explanations requested by the Client will be provided by Phoenix Energy Assessment free of charge. Phoenix Energy Assessment reserves the right to make a charge for excessive requests for information.
6. Cancellations or Postponements
- Cancellation of an EPC instruction may be made by telephone. If the client cancels the EPC booking, 3 working days or less before the EPC inspection, 50% of the full fee will be payable.
- In the event of abusive, threatening, or violent behaviour, or if Phoenix Energy Assessment staff are subjected to danger, the Inspection will be terminated immediately and 50% of the Full Fee will be payable.
- Postponements can be made at any time up to the date of the survey with no fee payable, subject to a mutually convenient date and time.
- Phoenix Energy Assessment may terminate the Terms if there is a conflict of interest. No fee will be payable.
7. Confidentiality
- All instructions and information received by Phoenix Energy Assessment shall be dealt with in the strictest of confidence.
8. Complaints and Notices
- Phoenix Energy Assessment will provide a high level of customer care at all times. In the unlikely event of any complaint, Phoenix Energy Assessment will seek to resolve any initial complaint by telephone, email or in person as quickly as possible. Should the Client be unhappy with this response they should write to Phoenix Energy Assessment setting out full details of the complaint within 7 working days. Phoenix Energy Assessment will usually respond within no more than 21 working days. If the Client is dissatisfied with this response the matter can be escalated to the Phoenix Energy Assessment Accreditation Scheme. A copy of the complaints handling process is available on request. This does not affect the Client's legal rights.
9. Regulation
- The Energy Assessor is licensed under number: NHER005901
- The Energy Assessor License is administered by the following Accreditation Scheme:
- Address: National Energy Centre, Davy Avenue, Knowlhill, Milton Keynes, MK5 8NA.
- Tel: 01908 672787.